Velez was hit while conducting traffic enforcement on Interstate 90. Prosecutors say Gaspar was driving about 78 mph and had taken a dose of methadone shortly before the collision.

Gaspar’s doctor said in a letter to defense attorney Jon Sinn that Gaspar has a prescription painkiller addiction, and the methadone they used to treat it wouldn’t impair his driving. The doctor says a test conducted on Gaspar the day after the crash showed he had only a therapeutic level of methadone in his system.